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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

PLANT INDUSTRY

DIVISION 50

GENERAL

Controlled Atmosphere Storage of Apples and Pears

603-050-0200

Declaration of Policy

Providing and maintaining a voluntary program for the identification and standards relating to controlled atmosphere storage of produce are functions of state government, the responsibilities of which are vested in the Department in keeping with ORS 632.460 and 632.905.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.460 & ORS 632.905
Hist.: AD 19-1977, f. & ef. 10-5-77

603-050-0205

Definitions

As used in OAR 603-050-0200 to 603-050-0230, unless the context requires otherwise:

(1) "Certification" means the issuance of a certificate by the Department bearing official identification and verifying that the provisions of OAR 603-050-0210 to 603-050-0225 have been met as to any particular quantity or lot of apples or pears.

(2) "Controlled Atmosphere Storage" means any produce storage establishment, or one or more rooms therein, in which the atmospheric gases are controlled in their amount or in degrees of temperature for the purpose of controlling the condition and maturity of fresh apples or pears.

(3) "Official Identification" means the tag or label prescribed by the Department for an operator of a controlled atmosphere storage, which contains the number assigned to such operator preceded by the letters "CA", and which may be affixed to a particular quantity or lot of apples or pears. Such tag or label shall conform to the size requirements set forth in subsection (3) of ORS 632.450.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.460 & ORS 632.905
Hist.: AD 19-1977, f. & ef. 10-5-77

603-050-0210

General Requirements and Standards for Controlled Atmosphere Storage

(1) Any person desiring to operate a controlled atmosphere storage shall submit an application therefore to the Department on forms provided by the Department, and containing such information as the Department may prescribe, on or before August 31. The Department shall cause an inspection to be made of the facilities proposed to be utilized for controlled atmosphere storage of apples or pears and, if the application and facilities are approved, shall register and assign to the operator an official identification number which may be validly used for one year thereafter. An operator of an approved controlled atmosphere storage facility may thereafter apply on or before August 31 of subsequent years for annual renewals of the use of such official identification number.

(2) Immediately after sealing a controlled atmosphere storage, the operator thereof shall submit a report on forms prescribed by the Department setting forth:

(a) The date of sealing the storage;

(b) The quantity of loose fruit by variety; and

(c) The quantity of packed fruit by variety.

(3) The operator of a controlled atmosphere storage shall keep daily records of temperature, and of air components as to percentages of carbon dioxide and oxygen, determined from readings taken at least once each day. Such records shall be subject to examination and audit by the Department.

(4) Prior to opening a controlled atmosphere storage, the operator thereof shall notify the Department of his intention to do so, and if so directed by the Department, shall await opening until the Department's representative is present.

(5) In keeping with ORS 632.475 and 632.970, the official identification shall only be affixed on containers of any quantity or lot of apples or pears after departmental inspection and certification.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.460 & ORS 632.905
Hist.: AD 19-1977, f. & ef. 10-5-77

603-050-0215

Special Requirements and Standards for Apples

(1) In order to obtain certification and allow for the use of official identification, all apple varieties shall:

(a) Be placed in controlled atmosphere storage, wherein the oxygen content has been reduced to not more than five percent within 20 days after sealing;

(b) Be retained in such controlled atmosphere storage for a period of not less than 60 days; except Gala and Jonagold varieties which shall be retained in such controlled atmosphere storage for a period of not less than 45 days; and

(c) Meet the Condition Standards for Export established by the U.S. Department of Agriculture as set forth in 7 CFR Section 51.323.

(2) In addition to the conditions set forth in section (1) of this rule, standard and Delicious apple varieties shall be placed in the controlled atmosphere storage on or before December 15 of the registration year.

(3) Prior to certification, the Department may make such investigations and examinations as necessary in order to assure compliance with the conditions described in sections (1) and (2) of this rule.

[Publications: The publications referenced in this rule are available for review at the agency.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.460 & ORS 632.905
Hist.: AD 19-1977, f. & ef. 10-5-77; AD 10-1995, f. & cert. ef. 6-14-95; DOA 19-1999, f. & cert. ef. 8-27-99

603-050-0220

Special Requirements and Standards for Bartlett, Bosc and Comice Pears

(1) In order to obtain certification and allow for the use of official identification, Bartlett, Bosc and Comice pears shall:

(a) Be placed in controlled atmosphere storage, wherein the oxygen content has been reduced to five percent or less within 20 days after sealing;

(b) Be retained in such controlled atmosphere storage for a period of 45 days or more; and

(c) Meet the maturity standard of generally firm and meet the condition standard that there is not more than 2% decay or breakdown.

(2) Prior to certification, the Department may make such investigations and examinations as necessary in order to assure compliance with the conditions described in subsection (1) of this rule.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.460 & ORS 632.905
Hist.: AD 19-1977, f. & ef. 10-5-77; AD 10-1995, f. & cert. ef. 6-14-95; DOA 24-1999, f. & cert. ef. 11-29-99

603-050-0225

Special Requirements and Standards for Other Varieties of Pears

(1) In order to obtain certification and allow for the use of official identification, other varieties of pears shall:

(a) Be placed in controlled atmosphere storage, wherein the oxygen content has been reduced to five percent or less within 20 days after sealing;

(b) Be retained in such controlled atmosphere storage for a period of 60 days or more; and

(c) Meet the maturity standard that not more than five percent are further advanced in maturity than firm and meet the condition standards that there are not more than two percent decay, not more than 2% scald, and not more than an average total of 5% for all condition factors including corkspot; and

(d) If preconditioned, be subjected to the storage conditions referred to in subsection (a) and (b) of this section prior to such preconditioning.

(2) Prior to certification, the Department may make such investigations and examinations as necessary in order to assure compliance with the conditions described in subsection (1) of this rule.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.460 & ORS 632.905
Hist.: AD 19-1977, f. & ef. 10-5-77 ; DOA 25-1999, f. & cert. ef. 11-29-99

603-050-0230

Penalties

Upon a determination that a person has willfully violated any of the provisions of OAR 603-050-0210 to 603-050-0225, the Department may suspend, revoke, or refuse to nenew the registration of the official identification number assigned under OAR 603-050-0210(1).

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.460 & ORS 632.905
Hist.: AD 19-1977, f. & ef. 10-5-77

Labeling

603-050-0300

Labeling of Onions and Potatoes, "Brand Name" of Grower or Packer

(1) Any person, grower, or packer as required by ORS 632.226(1) or 632.321(2), in labeling container of onions or potatoes, may use his brand name in lieu of or in place of his name and address only after:

(a) He has registered his brand with the Department and the Secretary of State and has included in such registration his name and address, a complete description or exact facsimile of the brand, and information as to whether the brand will be used on onion containers, potato containers, or both; and

(b) The brand as used on containers is of sufficient size and type to be conspicuous and easily readable.

(2) If the brand is registered in the prescribed manner, until it has been canceled by the first grower or first packer, it shall be used only by him and shall be his exclusive property.

(3) Only the commodity or commodities identified in the registration shall be placed in the containers which are labeled with the brand approved and authorized by the Department.

Stat. Auth.: ORS 632
Stats. Implemented: ORS 632.226 & ORS 632.321
Hist.: AD 521, f. 3-14-56, ef. 3-13-56

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